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Maritime Transport Act 1994

Preliminary provisions relating to marine pollution

224: Application of certain provisions of Parts 19 to 28

You could also call this:

"Rules for breaking maritime laws outside New Zealand's waters"

If you break a rule in Parts 19 to 28 of the Maritime Transport Act 1994, you might face criminal proceedings. But if the rule was broken outside New Zealand's territorial sea, you can only be charged if you are a New Zealand citizen or live in New Zealand. You can also be charged if the Attorney-General agrees it is a good idea.

If you are not a New Zealand citizen and do not live in New Zealand, you can still be arrested, but you cannot be charged until the Attorney-General agrees. The Attorney-General must give their consent before any further action can be taken against you.

If you say you are not a New Zealand citizen and do not live in New Zealand, you must prove it, as it is up to you to show that this is true, in relation to the rules outlined in Parts 19 to 28.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337263.

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223: Application of Parts 19 to 27 to ships of New Zealand Defence Force, or

"Rules for New Zealand Defence Force ships in certain waters"

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224A: Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges, or

"Rules to stop pollution in our oceans"

Part 18Preliminary provisions relating to marine pollution

224Application of certain provisions of Parts 19 to 28

  1. Notwithstanding anything in any other enactment, criminal proceedings shall not be commenced against a natural person in respect of a contravention of any provision of any of Parts 19 to 28 that is alleged to have occurred beyond the territorial sea of New Zealand unless they are commenced against—

  2. a New Zealand citizen; or
    1. a person who is ordinarily resident in New Zealand; or
      1. any other person with the consent of the Attorney-General on his or her certificate that it is expedient that they be commenced.

        1. Notwithstanding subsection (1), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings may be taken against a person who is neither a New Zealand citizen nor ordinarily resident in New Zealand, until the Attorney-General’s consent under subsection (1) has been obtained.

        2. If any person alleges that he or she is not a New Zealand citizen, nor ordinarily resident in New Zealand, the onus of proof shall be on that person to prove that allegation.